Long-Form Terms and Conditions – Instagram Photo Competition Vintage Festival 2021

1. The promoter of the competition is The Sunday Times Wine Club operated by Direct Wines Limited, One Waterside Drive, Arlington Business Park, Theale, Berkshire, RG7 4SW (“STWC”).

2. The competition is open to all residents of the U.K. (England, Scotland, and Wales but not Northern Ireland) who have reached at least twenty five (25) years of age at the time of entry (the “Competition”). The Competition is not open to directors, officers, agents, contractors and employees of STWC, any of its affiliated or associated entities or divisions, their advertising and promotional agencies or members of the aforementioned individuals’ respective immediate families living in the same household.

3. By participating in the Competition, each participant accepts these terms and conditions of the Competition and agrees to be bound by them. The Competition is subject to all applicable laws.

4. To enter the Competition:

a. the entrant must upload a photo of themselves taking part in the Virtual Vintage Festival, or of their Virtual Vintage Festival at home set up, to their public Instagram page (as a standalone post, not a story or DM) at any time between 16:00:00 Thursday 15 April 2021 and 23:59:59 Monday 19 April 2021;

b. the post must include the caption: #VintFest21;

c. the entrant must tag @sundaytimeswineclub in the photo or caption, and follow @sundaytimeswineclub;  

d. the photo must not be in any way obscene, offensive or defamatory, and must not infringe any person’s intellectual property rights;

e. the post must remain on the entrant’s public feed for the duration of the competition, until a winner is announced;

f. the subject of the photo must be in compliance with any Government guidance relating to COVID19 restrictions; and

g. the photo must not feature any children or persons under the age of 25; 

5. Only one (1) entry per person. Multiple entries may cause you to be disqualified.

6. The entrant confirms that:

a. they are the author and owner of all rights in the photo and no other person has any claim to ownership or any other legal rights in the photo; and

b. they have full legal capacity to give permission for the photo to be used.

7. The entrant also agrees to grant STWC and its direct or indirect licensees, assignees and agencies a royalty-free, exclusive, worldwide, assignable, sub-licensable and irrevocable licence to use, publish, reproduce, edit, exhibit, project and display the photo for the purposes of advertising, marketing and promotional activity, in connection with promoting The Sunday Times Wine Club.

8. In doing so, the entrant agrees to waive their moral rights under section 205 of the Copyright, Designs and Patents Act 1988 and to waive any right that they may have to inspect and approve any use made of the photo within the scope of licence granted under 8 above.

9. The entrant releases STWC and/or Instagram from any claims for remuneration associated with the use of the photo.

10. There will be one winner of the prize. The winner of the prize will be selected at random by no later than 30 April 2021.

11. If STWC runs the same competition (i.e. a competition with the same dates and prize) across different sites or social media platforms and the same winner is randomly selected to win more than one competition, the winner shall only be entitled to win one prize.

12. The winner of the prize will be contacted by 30 April 2021. Three attempts will be made to contact the winner of the prize. If the winner does not respond via DM (Instagram direct message) within 7 days of STWC’s first message to accept the prize, an alternative winner will be selected.

13. STWC will contact the winner via Instagram direct message and will request their details (name, age and address) for the purposes of claiming their prize only.

14. STWC will send the winner a £25 Sunday Times Wine Club e-Voucher to spend at sundaytimeswineclub.co.uk.   No refunds will be given.

15. The prize will be sent out via email, STWC cannot be held responsible for any prize not received by the winner.

16. Odds of winning the prize will vary depending on the number of eligible entries received.

17. STWC retains sole discretion to withhold the prize without liability if in its view a participant is ineligible, the entry is invalid, or a winner does not meet the necessary requirements as set out in these terms and conditions.

18. STWC reserves the right to withdraw or amend the Competition in the event of unforeseen circumstances or circumstances outside of its control.

19. You acknowledge that the Competition is in no way sponsored, endorsed or administered by, or associated with, Instagram.

20. You acknowledge and accept that Instagram will not be responsible or liable for this Competition. 

21. STWC is not responsible or liable for:

g) Any entry for which the post or comment is lost, deleted or deemed abusive by Instagram;

h) Any accounts that are deemed to be fraudulent or not authentic;

i) Unforeseen changes in Instagram’s legal or commenting rules & regulations;

j) Any external factors that may restrict a participant from accepting their prize;

k) Any entries that cannot be found or seen by STWC; and

l) Any entries that cannot be opened or are otherwise inaccessible for any reason by STWC.

22. There is no cash alternative for the prizes.

23. If there is a dispute between you and STWC in relation to the Competition or these terms and conditions, you may take legal action against STWC, and STWC may take legal action against you in either the English courts or the local courts in the part of the UK where you live. The applicable law will be that of the location of the court.

24. The entrant must read and understand the privacy notice for this Competition at www.sundaytimeswineclub.co.uk/customer-services/privacy-policy-and-cookies. In addition, the following privacy notice also applies to the Competition:

When you enter this competition, you will provide us with your email address and the information you share in the email with STWC. If you are a winner, we will ask for your postal address so that we can deliver your prize to you, and we may ask for additional information in order to verify your age. We obtain all of this information from you directly.

We’ll use your personal data in order to run the competition fairly and properly, and if you are a winner, to tell you that you’ve won the competition and to make any further arrangements with you, including to repost your winning entry on social media, and to deliver your prize to you.  We may pass on your details to verify your age to ensure that we only give products containing alcohol to those aged 18 or over. The CAP Code also requires us (as the promoter of this competition) to either publish or make available certain information about prize winners. You can object to this information being published or made available by contacting us on 03330 148 168 or dpo@thesundaytimeswineclub.co.uk. Please note that, even if you opt out, we may still have to provide the information and winning entry to the ASA.

If your competition entry is a winner, we may share your details with the courier company we use to deliver your prize to you; the company we use to carry out age verification checks (if required); and with our core IT services providers.

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